Quick answer: When you reach a dark or non-functioning traffic light in Maryland, treat the intersection like a four-way stop. Come to a complete stop at the stop line, crosswalk, or edge of the intersection, yield to any vehicle or pedestrian already there, and stay stopped until it is safe to go. Maryland spells this out in Transportation § 21-209. Rolling through a dead signal is a moving violation that carries a fine and points, and it can make you at fault in a crash.
I’m David Waranch, and I’ve handled thousands of Maryland traffic cases. After every big storm that knocks out power, I get calls from drivers who did not realize a dark signal has its own rule and got a ticket, or worse, ended up in a collision at an intersection nobody was controlling.
What Does Maryland Law Require at a Non-Functioning Traffic Light?
You must stop, then proceed in turn. Maryland used to leave drivers guessing about dark signals, but the rule is now written into the Transportation Article. Under Md. Code, Transp. § 21-209, every driver approaching an intersection where the signal is not working has three duties.
“Vehicular traffic approaching a nonfunctioning traffic control signal at an intersection shall: (1) Stop: (i) At a clearly marked stop line; (ii) If there is no clearly marked stop line, before entering any crosswalk; or (iii) If there is no clearly marked stop line or crosswalk, before entering the intersection; (2) Yield to any vehicle or pedestrian in the intersection; and (3) Remain stopped until it is safe to enter and continue through the intersection.”
In plain terms: a dark signal converts the intersection into an all-way stop. The rule applies to every approach, so treat it as if a stop sign faces each direction, even the busy road that normally has the green. Do not assume the cross street is stopping if you cannot see them do it.
Dark, Flashing Red, or Flashing Yellow — What’s the Difference?
People mix these up, and the difference decides whether you have to stop. A completely dark signal and a flashing red signal both mean stop. A flashing yellow means slow down and proceed with caution. Many Maryland signals now have battery backups, so during an outage you may see a flash instead of a fully dark head.
| Signal condition | What you must do | Governing rule |
|---|---|---|
| Dark / no lights at all | Full stop, then proceed as at an all-way stop | Transp. § 21-209 |
| Flashing red | Full stop, then proceed when safe (like a stop sign) | Transp. § 21-204 |
| Flashing yellow | Slow down, proceed with caution; no full stop required | Transp. § 21-204 |
| Signal partly out or facing the wrong way | When in doubt, stop and yield | Transp. § 21-209 |
Who Has the Right-of-Way When the Light Is Out?
The same courtesy rules that govern any all-way stop apply here. First, the statute is direct: you must yield to any vehicle or pedestrian already in the intersection. After that, the practical order is the one most drivers learned in driver’s ed:
- The driver who stopped and arrived first goes first.
- If two vehicles reach the stop at about the same time, the driver on the left yields to the driver on the right.
- A driver turning left yields to oncoming traffic going straight.
- Everyone yields to pedestrians in or entering the crosswalk.
When a driver ignores that order and causes a collision, the case usually turns into a failure to yield the right-of-way question. The fact that the light was dark does not erase your duty to stop and yield — it is the whole reason the duty exists.
“The light was out, so there were no rules.” That myth costs people their case. A dark signal does not suspend the traffic laws — it triggers § 21-209 and turns the intersection into a mandatory stop. Blowing through it because “nothing was working” is exactly the conduct the statute punishes, and it is often what makes you the at-fault driver after a crash.
What’s the Fine and How Many Points for Running a Dark Signal?
Failing to stop at a non-functioning signal is a payable citation with a preset fine of $90 and 2 points. If your failure to stop contributed to an accident, the fine rises to $130 and 3 points. Those 2 or 3 points feed straight into Maryland’s point system, where accumulating points leads to warning letters, a required improvement program, and eventually suspension.
Because it is a payable ticket, you can prepay the fine online or by mail — but understand what that does. Paying the fine is a guilty plea, and it puts a conviction with points on your driving record. Requesting a waiver hearing or a trial instead does not cost anything extra to ask for, and it keeps a better outcome on the table, though you should know a judge can raise the fine up to a maximum of $500 at either. At a hearing you can also ask for probation before judgment under Md. Code, Crim. Proc. § 6-220, which can keep the conviction and the points off your record — an option you give up the moment you pay.
Who’s at Fault in a Crash When the Signal Was Dark?
Fault comes down to who failed to do what § 21-209 required. If you stopped, yielded to whoever was there, and waited until it was safe, you did your part. If the other driver never stopped, they violated the statute, and that violation is strong evidence they caused the crash. Investigating officers and, later, insurers look at exactly this: who had the duty to stop, and who broke it.
Maryland is a contributory-negligence state, which raises the stakes. If you are found even slightly at fault for the collision, it can bar you from recovering damages, so a dark-signal ticket is not just a fine — it can decide an injury claim. If you were cited after a wreck, read what a traffic ticket after a Maryland car accident means before you pay anything, because that payment can be used against you as an admission. A conviction here also shows up when insurers review your record and can raise your premium.
How Do You Fight a Dark-Signal Ticket?
The defense usually starts with what the officer actually saw. Many dark-signal tickets are written after a crash, when the officer arrived later and is reconstructing the sequence from statements and skid marks rather than watching you drive. That opens real questions: Was the signal truly dark, or flashing? Did you in fact stop? Who entered the intersection first? Was the other driver the one who failed to yield? Each of those is a point the State has to prove.
You usually do not have to fight it alone or even show up yourself. In most Maryland traffic cases a lawyer can appear on your behalf, challenge the citation, and work toward a dismissal, a not-guilty verdict, or probation before judgment that keeps points off your record. For related offenses and how they are handled, our moving violations knowledge hub and the main Maryland traffic ticket page are good next stops. If a dark signal has already cost you a ticket or a collision, call before you pay.
Common Questions
Treat it as an all-way stop. Under Transportation Section 21-209, a driver approaching a nonfunctioning traffic signal must stop at the stop line, crosswalk, or edge of the intersection, yield to any vehicle or pedestrian already in the intersection, and remain stopped until it is safe to go. Every approach stops, including the road that would normally have the green light.
It is a payable citation with a preset fine of $90 and 2 points. If your failure to stop contributed to an accident, the fine is $130 and 3 points. Paying the fine is a guilty plea that puts a conviction and points on your record, so many drivers request a waiver hearing or trial instead, where probation before judgment may keep the conviction off the record.
For what you must do, yes. Both a completely dark signal and a flashing red signal require a full stop before you proceed, just like a stop sign. A flashing yellow signal is different — it means slow down and proceed with caution, with no full stop required. When a signal is partly out or you cannot tell what it is showing, the safe and legal choice is to stop and yield.
Law Offices of David R. Waranch — 301-563-9575 · toll-free 1-877-566-2408. Hablamos Español.
Last updated: August 2026. Statutory references: Md. Code, Transp. §§ 21-209, 21-204; Md. Code, Crim. Proc. § 6-220. This page is general information about Maryland law, not legal advice, and reading it does not create an attorney-client relationship.